PSYC 3210U Lecture Notes - Lecture 11: Criminal Law Of Canada, Homicide, Psychopathy
Unit 13 – Homicidal Offenders
The Nature of Homicide in Canada
Homicide and the Law in Canada
• Canadian criminal law recognizes four types:
- First-degree murder = homicide was planned and deliberate
➢ Life in prison
➢ no parole
- Second-degree murder = o plaig ut theres still itet to kill
➢ Life sentence
➢ Parole minimum of 10 years
- Manslaughter = no intent to kill and no planning
➢ No minimum or maximum
- Infanticide = only applicable to women who kills newborn baby
➢ No minimum
➢ Maximum of 5 years
➢ Probation or conditional sentences
An Example
• Sam was at a bar one night with his friends and he was drinking heavily. He
was on his way to the bathroom when he accidentally bumped into another
ale patro ho replied, asshole uder his reath. “a didt thik, he
just reacted. A fight broke out and Sam ended up stabbing the male patron
to death
• This example is a manslaughter
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- 505 homicides perpetrated in 2013 in Canada
Other Homicide- Related Facts (Juristat, 2014)
• Cause of death
- Stabbing (40%)
- Gun-related (27%)
• 85 homicides (17%) were gang-related (lowest since 2004)
• Intimate partner homicide continues to decline
- 68 reported in 2013 vs. 82 in 2012
Relationship Between Offenders and Homicide Victims (Juristat, 2014)
- Grey = not related but know eachother
- Orange = family members/ relatives % out of the % its a husad
or wife)
- Yellow = homicide occurring in context of other crime both individuals
are criminals (gang violence)
- Blue = complete strangers
Practice Question #1
Sam was a cold, calculating psychopath. He married Beth solely for her money. He
had planned to have her killed during their honeymoon so he would be the
recipient of a rather large insurance policy. It should be noted that Beth could be
difficult to live with and was known to have had at least two affairs prior to the
marriage. Sam was most likely convicted of:
Answer: First Degree Murder
9%
33%
45%
13%
Source: adapted from Homicide in Canada, 2013, Juristat (85-002-X)
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Bimodal Classification of Homicide
• Type 1: Reactive (affective)
- Impulsive; unplanned; response to perceived provocation
- Victims are most often relatives
- Ex. A wife finds husband in bed with someone else, and her first reaction
is to kill them both
• Type 2: Instrumental (predatory)
- Proactive; premeditated; motivated by a goal
- Victims are most often strangers
- Ex. Goal is to rob a bank but security guard is in the way so you shoot
them (intent is to rob the bank not kill)
Case Example #1 (Back to Sam)
• Sam was at a bar one night with his friends and he was drinking heavily. He
was on his way to the bathroom when he accidentally bumped into another
ale patro ho replied, asshole uder his reath. “a didt thik, he
just reacted. A fight broke out and Sam ended up stabbing the male patron
to death.
• Instrumental or reactive?
- Reactive
Case Example #2
• Frak had ee i the gae dealig drugs for as log as he ould
remember. In recent months, his main competitor-Lamar- had been slowly
moving in on his territory. Frank had warned Lamar on several occasions
(intimidation, threats) but nothing was working. Frank knew that Lamar
always went to the local pool hall on Friday nights. On Friday, Sept 30th,
Lamar was found dead with a bullet in his back. Frank was arrested for first
degree murder.
• Instrumental or reactive?
- Instrumental
The Brain and Homicide (Raine et al., 1997)
• Conducted PET scans on 41 homicide offenders and 41 matched controls
• Categorized 41 homicide offenders into the following categories
- 15 classified as proactive
- 24 classified as reactive
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Document Summary
Homicide and the law in canada: canadian criminal law recognizes four types: First-degree murder = homicide was planned and deliberate. Second-degree murder = (cid:374)o pla(cid:374)(cid:374)i(cid:374)g (cid:271)ut there(cid:859)s still i(cid:374)te(cid:374)t to kill. Manslaughter = no intent to kill and no planning. Infanticide = only applicable to women who kills newborn baby. An example: sam was at a bar one night with his friends and he was drinking heavily. A fight broke out and sam ended up stabbing the male patron to death: this example is a manslaughter. 505 homicides perpetrated in 2013 in canada. Other homicide- related facts (juristat, 2014: cause of death. Gun-related (27%: 85 homicides (17%) were gang-related (lowest since 2004, intimate partner homicide continues to decline. 68 reported in 2013 vs. 82 in 2012. Relationship between offenders and homicide victims (juristat, 2014) Source: adapted from homicide in canada, 2013, juristat (85-002-x) Grey = not related but know eachother.
